Fir quash

Dear Sir
I and my wife (suhasini) got married on 12 dec 2008, it was a love marriage and with everyone consent, soon after marriage on 6th dec 2009, our daughter was born, after her birth in 2010 i got to know about affair of my wife with her BOSS, i objected on this relationship as this was starting of her affair, she begged me off and said not tell her parents, i agree to it.
She continued her relationship till July 2014, in july 2014 I asked her to quit her job and end this relationship, she quit her job.
I forgave her and started a new life, I helped in regaining her confidence and put her back on to the job in new company, I also helped her buying a new car for her for travelling to office.
She was again involved in an affair with my close friend (Rajat) who is staying in my society, they were indulged in sexual affairs, I have placed the cameras to figure out the truth.
I called her parents on 3rd may 2015 and said them to take away this girl, now he started sending messages of sorry and re-consideration of our relationship, but I said no, I filled Form 13 divorce petition against her and rajat.
Her Mausi who is an IAS officer in delhi threatened us if we don’t take this petition back with desire consequences to harm me and my family. With her contact she approached IPS officer and launched the FIR
On 24th June 2015 they launched a FIR. Of which police took action on 2nd July 2015, police came to my house and inquired about us, as we all are working, police told neighbors to meet us in vikaspuri police station, we met IO on 7th July 2015 and told our story. Meanwhile we came to about the FIR details in which we were involved in sections 376, 328, 354, 498a, 406, 120b, 34.
We have cooperated with IO and have given him all the proof and CDs which we made and we have recorded our statements also
FIR stats that we (my mother, Rajat, Rajat’s wife and me) were involved in pushing suhasini in to prostitution and rajat has raped and given her some think to drink and after that he raped her. We all four were in making and planning of this conspiracy.
Till date police has not filed any charge sheet or any arrest in this, IO says we are investigating this case.
Now my question is
1. Knowing that whatever she has written is all false, can we quash this FIR, FIR quashing will in High Court or Lower court
2. What is the procedure for quashing the FIR
3. Should I go for Anticipatory Bail for myself and my mother
Regards
Himanshu

Asked 2 years ago in Criminal Law from New Delhi, Delhi

Religion: Hindu

Since she somehow managed to register FIR against you all people, it becomes essential to get enlarged on bail first and then only think about next course of legal action.
You have strong evidences in your favor especially her messages pleading you to forgive her for her repeated sinful act and also the cctv camera footage having her acts captured. This can become a primary evidence to prove your innocence including the petition for divorce already filed, if you are taking up the matter for quashing of FIR with the high court.
You may obtain AB for you people and then apply for quash of FIR too before the high court.

yes you can file a quash petition under 482 if there is prima facie evidence to rove that the FIR is false.
You need to move an a petition under 482 of Cr.P.C in the high court to quash the FIR
This can be done either after the FIR or after the chargesheet filed before the court .
Yes first step should be applying for anticipatory bail in the sessions court for you and family members who are accused in the FIR.
Once the bail is granted then move to High court to quash the FIR, if you have sufficient proof do not wait for the chargesheet to file the quash petition

1. Quashing lies only in high court. Mere falsity of allegations is no ground of quashing. Only those cases where the falsity is apparent on the face of complaint quashing is allowed in such cases.
2. For quashing one should wait till submission of charge sheet. Quashing of FIR is often termed as premature by high courts.
3. Yes, this should be your right strategy. Quashing is rarely allowed and should not be pursued before taking bail.

1. What you should immediately do is to seek anticipatory bail for yourself and your mother as the sword of arrest is perpetually hanging over your head. Once the bail is granted you will be at liberty to seek the quashing of the case.
Since the case is false there is a good possibility of success.
2. The arrest takes place without warning. Do not rely on police. Seek bail to avoid it.

1. Wait for the Charge sheet to be filed first. Develop good rapport with the I.O. to ensure that he submits favourable report. You should have filed a police complaint against the said IAS Mausi for threatening you. High Court prefers charge sheet to be filed first for deciding on the quash petition,
2. After charge sheet is filed, point out irrefutable discrepancies in the FIR and the charge sheet and pray for quashing the FIR being false in nature,
3. You should have already availed for you and other accused. Do it now.

Indian Laws

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